Governor Newsom signed Assembly Bill (AB) 113 which enacts changes to the collective bargaining process for agricultural workers.

In September 2022 Newsom signed Assembly Bill (AB) 2183  which established new ways for farmworkers to vote in a union election under the Agricultural Labor Relations Act (ALRA), including options for mail-in ballots, and authorization cards submitted to the California Agricultural Labor Relations Board (the Board), in addition to the existing in-person voting process.

AB 2183 also imposes civil penalties on agricultural employers that are found to have committed unfair labor practices of up to $10,000 for each violation and up to $25,000 for cases where the employee suffers “serious economic harm.” Significantly, the legislation allows the Board to impose personal liability on directors and officers of the employer.  In addition, AB 2183 requires employers to post an appeal bond in cases where an employer seeks to appeal an order of the Board involving monetary awards or economic benefits to employees or unions.

At the time of signing AB 2183 Newsom, the United Farm Workers, and the California Labor Federation agreed on clarifying language to be made to the enacted law. AB 113 implements the provisions of that agreement.  

AB 113 makes the following changes to the collective bargaining process:

  • Eliminates the option to conduct union elections using mail-in ballots.
  • Retains the option to conduct union elections via “card-check” system, also referred to as the “the Majority Support Petition.”
  • Limits the number of card-check elections that result in the certification of labor organizations to 75 certifications.

Under the bill, these changes would sunset on January 1, 2028, and at that time the card-check elections will no longer be an available option for union elections.

AB 113 takes effect immediately as a Budget Bill.

Jackson Lewis will continue to track legislation in California relevant to employers. If you have questions about the application of AB 2183/ AB113 or related labor issues, contact a Jackson Lewis attorney to discuss.

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Photo of Jonathan A. Siegel Jonathan A. Siegel

Jonathan A. Siegel is one of the founding Principals of the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Mr. Siegel also provides advice and…

Jonathan A. Siegel is one of the founding Principals of the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Mr. Siegel also provides advice and counsel regarding labor and employment law with respect to various issues ranging from wage and hour law, reduction in force, WARN Act, discipline, leave management and harassment and discrimination issues. Mr. Siegel defends employers regarding different varieties of wrongful termination and discrimination claims.

Mr. Siegel has represented management in union organizing drives and regularly defends employers in unfair labor practice proceedings as well as in collective bargaining and arbitrations. He also has extensive experience conducting wage and hour preventive audits. He conducts single location and multi-location audits for employers. The scope of such audits can range from examining specific issues, i.e., exempt status under federal law and California, to comprehensive FLSA and California Labor Code audits. Mr. Siegel has conducted audits for a wide range of industries including, but not limited to manufacturing, retail, transportation, various service industries, defense contractors and healthcare.

Mr. Siegel regularly speaks on a variety of topics including wage and hour, harassment/discrimination, national and California employment trends, Workers’ Compensation, EEO, managing leaves of absence under FMLA and state leave laws and union avoidance. He has moderated numerous programs and is featured as a keynote speaker for several different organizations.